The Samoan Government has appealed a decision by District Court Judge Mata'utia Raymond Schuster to discharge two men without conviction who pleaded guilty to causing injury.
Photo: RNZ Pacific / Autagavaia Tipi Autagavaia
Samoa Observer reported police sergeant Khamtahn Stanley and Ulugia Lomalasi Laufili pleaded guilty to a charge of causing injury to a 20-year-old male of Vaiusu who died days later.
In the Supreme Court on Thursday, private prosecutor Leinafo Taimalelagi-Strickland appealed the court's discretion to discharge the defendants without conviction.
She told the court, presided over by Justice Lesatele Rapi Va'ai, of the gravity of the offence and the advanced aggravating factors.
The lawyer for Stanley, Lucy Sio Ofoia, pointed out the act of violence was not continuous and there was no evidence the injuries sustained were inflicted by her client. She noted the injuries sustained by the deceased were less serious compared to authorities cited by the prosecution.
Lawyer Steve Chan Chui acted for co-defendant Ulugia.
Justice Lesatele Rapi Vaai has reserved his decision.
Stanley has returned to his job with the Samoa Police after more than two years' suspension pending the outcome of the court case.
In December 2021, District Court Judge Schuster found provocation as a mitigating factor in favour of the men from Vaiusu.
He found the prosecution failed to negate beyond reasonable doubt that Stanley was provoked.
The men were fined $500 each and had their conviction discharged.